How to start a partition lawsuit in Minnesota when relatives won’t agree

Quick overview: If you and your relatives co-own inherited real estate in Minnesota and they refuse to divide or sell it voluntarily, you can ask a Minnesota district court to force a partition (a legal split or sale). Minnesota law governing partition actions is in Chapter 559 of the Minnesota Statutes: https://www.revisor.mn.gov/statutes/cite/559. This article explains the practical steps, likely outcomes, and things to watch for so you can decide whether to move forward and how to prepare.

Disclaimer

This is general information and not legal advice. I am not a lawyer. For legal advice about your specific situation, talk to a licensed Minnesota attorney.

Detailed answer — Step-by-step: how a partition lawsuit works in Minnesota

Below are practical steps to start and pursue a partition action under Minnesota law, and what the court typically does at each stage.

1. Confirm ownership and shares

• Collect the deed(s), death certificates, wills, probate orders, and any other documents showing who owns the property and in what shares.
• Do a title search (or hire a title company/attorney) to find mortgages, liens, easements, leases, or other encumbrances that affect the property.

2. Try to resolve the dispute without court

• Discuss a voluntary partition agreement: divide the land by mutual agreement, have one owner buy out others, or agree to sell and split proceeds.
• Consider mediation — the court may require or encourage it, and it can save time and cost.

3. Decide whether you want partition in kind or partition by sale

• Partition in kind: physical division of the land so each owner gets a portion. Courts prefer this when a fair division is practical without great prejudice. See Minnesota partition law overview: Minn. Stat. Ch. 559.
• Partition by sale: if the property cannot be fairly divided (e.g., a single-family house on one lot), the court may order a sale and divide proceeds among owners.

4. Prepare and file a complaint for partition in the appropriate Minnesota district court

• File in the district court for the county where the property is located. The complaint must identify the property, describe ownership interests, and ask the court to divide or sell the property.
• Name all persons with an interest in the property (co-owners, mortgage holders, lien holders, life tenants, heirs, and any unknown heirs). Proper service on each party is required.

5. Court process after filing

• The court serves notice and gives parties the chance to appear and respond.
• If needed, the court may appoint a commissioner, appraisers, or referees to evaluate the property, prepare a plan of division, or arrange a sale.
• Courts balance factors such as practicability of dividing the land, any prejudice to owners, and value impacts when deciding between in kind division and sale.

6. Division or sale and distribution

• If the court orders division, it will direct how to split the property and fix boundaries; surveys and deed preparation may be required.
• If the court orders sale, the property is sold (often by commissioners or at public auction), mortgage and lien payments and sale costs are paid first, then proceeds are distributed according to ownership shares.
• Costs of the action, appraisers, commissioner fees, and sometimes attorneys’ fees may be charged against proceeds or assessed by the court as it deems fair.

7. Potential outcomes and timeline

• Outcomes: voluntary settlement; court-ordered division (in kind); court-ordered sale with proceeds distributed; or a buyout where one co-owner purchases others’ interests.
• Timeline: a partition action can take several months to a year or more depending on complexity, objections, and whether a sale is needed.

Relevant Minnesota statute references

• General partition law: Minnesota Statutes Chapter 559 — https://www.revisor.mn.gov/statutes/cite/559
• When lands susceptible of partition shall be partitioned: Minn. Stat. § 559.01 — https://www.revisor.mn.gov/statutes/cite/559.01
• How partition proceedings are commenced and parties served: Minn. Stat. § 559.02 — https://www.revisor.mn.gov/statutes/cite/559.02
• Rules about partition in kind versus sale and commissioners: see Chapter 559 (see sections 559.03–559.10 for specific procedures) — https://www.revisor.mn.gov/statutes/cite/559

Practical issues to watch for

• Mortgages and liens: they survive partition. A sale likely must pay off mortgage balances first.
• Improvements and expenses: paid costs (taxes, repairs, maintenance) can affect final distributions—keep careful records.
• Unknown or missing heirs: the court will require notice; the process can be slower if parties are hard to locate or are minors (guardian ad litem may be appointed).
• Taxes and capital gains: selling inherited property or being bought out can have tax consequences — check with a tax advisor.

When to hire a lawyer

You should strongly consider an experienced Minnesota real estate or probate attorney if any of the following apply:

• There are liens, mortgages, or complex title issues.
• Multiple owners, unknown heirs, minors, or people living out of state.
• Disagreement about how to value or divide the land.
• You are unfamiliar with court procedure and service requirements.

Helpful Hints

• Start by collecting all ownership documents (deeds, wills, probate records) and a recent property tax statement.
• Get a preliminary title report or ask a title company for a quick search to find liens and encumbrances.
• Ask for a written appraisal or several market estimates if you expect a buyout or sale.
• Document any payments you or others make for taxes, utilities, repairs, or improvements—these may affect distribution.
• Try mediation before filing; it is usually faster and much cheaper than litigation.
• If you file a complaint, make sure to include every possible interested party and service addresses to avoid delays or a default that later can be challenged.
• Expect court-appointed commissioners or appraisers—budget for their fees and for survey costs if a physical division is ordered.
• Keep communication civil. Even when litigation is necessary, reasonable negotiation can lead to better outcomes and lower costs.

If you want next steps: gather the title and probate documents, obtain a rough market value estimate, and consider a consultation with a Minnesota real estate attorney to review your documents and options before filing. That will help you decide whether to pursue mediation, a negotiated buyout, or a formal partition action.

Again, this is general information only and not legal advice. Consult a licensed Minnesota attorney for guidance tailored to your situation.